Top FBI bosses get off easy for racist, sexist behavior / Lower ranks are punished more often, report says

Dan Eggen, Washington Post

Published 4:00 am, Friday, November 14, 2003

2003-11-14 04:00:00 PDT Washington -- The Justice Departmentinspector general released a report Thursday outlining examples of inappropriate sexual behavior and questionable racial and sexual comments by senior FBI managers, who generally received light sanctions for the incidents.

While the review was not comprehensive enough to reach broad conclusions, Inspector General Glenn Fine said the cases reinforced earlier findings by his office that the FBI has repeatedly let senior managers get away with egregious conduct while meting out harsher punishment to lower-level employees for similar behavior.

One of the cases cited in the report involved a former deputy assistant director -- one of the bureau's highest-ranking officials -- who allegedly had sex with two subordinates, contacted witnesses in an attempt to obstruct an internal investigation and allowed two prostitutes to accompany him from a nightclub to his hotel during a training trip.

In another example, an unidentified FBI agent who was not a supervisor gave an evidence presentation at a training class during which he made an off- color joke about talk show host Oprah Winfrey's weight. Although only one employee in the class reported being somewhat offended and the agent acknowledged the remark was wrong, the agent was given a formal letter of censure.

Fine's report found that the resulting disciplinary action in these and other cases raised concerns about the way discipline is meted out in the bureau, and whether supervisors are treated more leniently than their subordinates. The number of cases reviewed was too small, however, to reach definitive conclusions, the report said.

The findings come on the heels of a broader report by Fine in November 2002 that found a strong perception among FBI employees that a double standard of discipline exists within the FBI. As a result of these and other concerns, FBI Director Robert Mueller earlier this year commissioned an independent review of the Office of Professional Responsibility, which conducts internal FBI investigations. A report from the panel is expected soon.

Mueller said in a statement Thursday that he believed "the accusations of a double standard were not substantiated" by Fine's report and said he was "committed to ensuring that the disciplinary process within the FBI is fair, efficient and credible."

The inspector general's latest review came as the result of allegations made on "60 Minutes" by FBI agent John Roberts, who referred to internal investigations that had "just disappeared, just vaporized."

Fine said he found no evidence that any cases had disappeared, although Roberts told investigators that he was referring to discipline handed out in cases related to the fatal 1992 Ruby Ridge standoff and to allegations of phony expenses connected to a 1997 retirement party for a top FBI official.

Roberts' attorney, Stephen Kohn, said he views Thursday's report as a vindication of his client's complaints and said it underscores continuing problems with misbehavior in the senior ranks of the FBI.

"This is the culture that they have never addressed," Kohn said. "They've known about these problems for years, both the FBI and the Justice Department, but they've done nothing to deal with it."